Kell

This is an appeal by the defendants from a decree adjudging that the City of Gilroy is the owner of the right to take water from Uvas Creek in the county of Santa Clara, state of California, at a point where it has erected a dam across the same upon certain real property described in the complaint and owned by the defendants. The further provisions of the decree will be discussed hereinafter.

Plaintiff alleged that it was the owner of said right to take water from Uvas Creek and also of certain dams and pipe-line beginning at the upper end of said dams and running down and along the westerly bank of said stream until it reaches the southerly line of said property belonging to said defendants, and thence to the City of Gilroy, together with the right to enter upon and pass over the lands of defendants for the purpose of maintaining and repairing said pipe-line and dams in a clean condition and free from driftwood and obstruction to the flow of the water; that for more than thirty years the plaintiff has maintained said pipe-line over the lands of defendants and has taken water from said creek at said point of diversion and has caused the same to run through said pipe-line, and has…